The filings almost certainly set up a politically charged legal confrontation shortly before next year's elections.

The states question the legality of the Patient Protection and Affordable Care Act's demand that individuals maintain health insurance or pay a federal penalty, the law's expansion of Medicaid and its requirement that employers provide workers with a federally determined level of insurance or pay fines.

"The grave constitutional questions surrounding the ACA and its novel exercises of federal power will not subside until this Court reviews them," their petition says. "Time is of the essence. States need to know whether they must adapt their policies to deal with the brave new world ushered in by the ACA."

The Justice Department filing says the law's minimum coverage provision operates as a tax, and thus is "squarely within Congress' power to regulate interstate commerce, lay and collect taxes and enact legislation." It argues the mandate is necessary to keep taxpayers and insurance companies from footing bills for the uninsured.

Both parties are appealing an August ruling from the 11th Circuit Court of Appeals in Atlanta, which declared the individual mandate to be unconstitutional, but upheld the rest of the law.

"Throughout history, there have been similar challenges to other landmark legislation such as the Social Security Act, the Civil Rights Act, and the Voting Rights Act, and all of those challenges failed," said a statement issued by the Justice Department. "We believe the challenges to Affordable Care Act -- like the one in the 11th Circuit -- will also ultimately fail and that the Supreme Court will uphold the law."

The Supreme Court usually takes around 90 days to decide whether it will hear a case. If it agrees to hear this case -- as seems likely since there are conflicting rulings from different federal appellate districts -- a decision would come by the end of June 2012 when presidential candidates are gearing upin earnest for the general election. The Affordable Care Act was a key election issue in 2010, with many victorious Republicans promising to strive for its repeal.

If the individual mandate is struck from the law, the nonpartisan Congressional Budget Office estimates that 16 million more people would be uninsured than if the mandate were in place. And premiums for those who stay in the system would rise by 15 to 20 percent.

White House spokesman Jay Carney - whose boss staked much of his political capital on the law's passage - says the Obama administration is confident it will be affirmed.

"Two appellate courts have previously ruled in favor of the Affordable Care Act and we're confident, as I said, that when all these cases are resolved, that we will prevail," Carney told reporters on Wednesday.

The 11th Circuit court found that Congress exceeded its authority by forcing people to buy insurance, but upheld the rest of the law. The states argue its other facets should also be overturned. Ohio Attorney General Mike DeWine said the individual mandate is "so intertwined with the rest of the act that the law should be set aside in its entirety."

"Distinguished federal jurists at both the trial and appellate levels have considered the constitutionality of this act, and they are divided," said a statement from DeWine. "But individual citizens who have to plan for their families' futures, businesses that might be considering adding new jobs and state governments across the country that are looking at enormous new burdens need to know what the rules are."

The National Federation of Independent Business - a small business advocacy group that opposes the law, also filed a petition on Wednesday seeking Supreme Court review.

"The 11th Circuit ruling confirmed NFIB's view that the individual mandate in the health care law is unconstitutional," said a statement from Karen Harned, who heads the group's Small Business Legal Center. "It is now imperative that the Supreme Court rule on whether the entire law can stand without the mandate."

Follow Us

cleveland.com is powered by Plain Dealer Publishing Co. and Northeast Ohio Media Group. All rights reserved (About Us).The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Northeast Ohio Media Group LLC.